COLLECTIVE AGREEMENT

between

TRENT UNIVERSITY

and

CANADIAN UNION OF PUBLIC EMPLOYEES

LOCAL 3908 (UNIT 2)

September 1, 2017 to August 31, 2021

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Contents

ARTICLE 1- PURPOSE 4

ARTICLE 2- DEFINITIONS 5

ARTICLE 3- MANAGEMENT RIGHTS 7

ARTICLE 4- RECOGNITION 2

ARTICLE 5- DISCRIMINATION AND/OR HARASSMENT 9

ARTICLE 6- UNION REPRESENTATION 11

ARTICLE 7- NEGOTIATING COMMITTEE 13

ARTICLE 8- DUES AND CHECK OFF 14

ARTICLE 9- STRIKE OR LOCKOUT 16

ARTICLE 10- INFORMATION AND FACILITIES 17

ARTICLE 11- OFFICE WORK SPACE AND FACILITIES 19

ARTICLE 12- DISCIPLINE 20

ARTICLE 13- PROBATIONARY PERIOD 23

ARTICLE 14- GRIEVANCE PROCEDURE 24

ARTICLE 15- ARBITRATION! MEDIATION 28

ARTICLE 16-ACADEMIC FREEDOM 30

ARTICLE 17- POSITION DEFINITIONS 31

ARTICLE 18- POSTINGS AND APPOINTMENTS 33

ARTICLE 19- HOURS OF WORK AND WORK ASSIGNMENTS 36

ARTICLE 20- HOLIDAYS 38

ARTICLE 21- LEAVES 39

ARTICLE 22- HEALTH AND SAFETY 42

ARTICLE 23- WAGES 44

ARTICLE 24- DURATION OF THE AGREEMENT 45

ARTICLE 25- FILES AND FILE RETENTION 46

APPENDIX A- WAGE RATES 48

APPENDIX B- COUNSELLING SERVICE 49

APPENDIX C- INTELLECTUAL PROPERTY MANAGEMENT POLICY 50

APPENDIX D- PROFESSIONAL DEVELOPMENT AND EMPLOYEE ASSISTANCE FUND 51

APPENDIX E- Ph.D. STUDENT INSTRUCTORSHIP 53

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APPENDIX F- EMPLOYMENT EQUITY INFORMATION 54

APPENDIX G- HEALTH BENEFIT REIMBURSEMENT 55

APPENDIX H- TIME ALLOCATION GUIDELINE 56

APPENDIX I 57

APPENDIX J- PAY STUBS 58

APPENDIX K- PROFESSIONAL DEVELOPMENT AND EMPLOYEE ASSISTANCE FUND 59

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ARTICLE 1- PURPOSE

1.01 The purpose of this Agreement is:

(a) to establish and maintain an orderly employment relationship between the Employerand its employees represented by the Union;

(b) to provide a clear definition of the conditions of employment;(c) to provide mechanisms for the prompt and equitable settlement of non- academic

grievances;(d) to promote cooperation and understanding between the Employer and its

employees;(e) to recognize the mutual value of joint discussions and negotiations; and(f) to encourage a climate of mutual respect and good faith.

1.02 The parties agree to foregoing and following provisions which shall supersede allprevious agreements between the Employer and the employees represented by theUnion.

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ARTICLE 2- DEFINITIONS

2.01 Where required herein, the pronouns “they” and “them” and the correspondingpossessive adjective “their” shall be understood as used to designate a person of anygender or sex.

2.02 For the purpose of interpretation of this Agreement, the following definitions will apply:(a) “Agreement” means this Collective Agreement between the Union and the Employer;

(b) “Employer” means Trent University, the body corporate defined by the TrentUniversity Act (1962-3), and any person(s) authorized to act on its behalf;

(c) “Union” means the Canadian Union of Public Employees and its Local 3908, Unit 2,and any person(s) duly authorized to act on its behalf;

(U) “Bargaining unit” means the unit defined in the decision of the Ontario LabourRelations Board, as set out in Certificate Number 4836-97-R, dated April 9th 1998;

(e) “Parties” means the Union and the Employer, as defined in this article;

(f) “Employee” means a person included in the bargaining unit as defined in Article 4(Recognition) of this Agreement;

(g) “Supervisor” means the person directly responsible for the assignment and directionof work;

(h) “Student” means a person who is a registered student at Trent University, includingthose on approved leave of absence;

(i) “Working day” is a regular business day, exclusive of weekends, statutory holidays,and other holidays recognized by the University or outlined in this Agreement;

(j) “Department” means Academic Department or Program at Trent University;

(k) “Chair” or “Director” means the Chair or Director of an Academic Department orProgram at Trent University;

(I) “Board” means the Board of Governors of Trent University, as provided for by theTrent University Act (1962-3) and/or any person(s) authorized to act on its behalf;

(m) “Academic Term (or) Session” is as defined in the Trent University Calendar;

(n) “Writing” in the context of communication between the Employer, employee(s) and/orthe Union shall include email correspondence, hard-copy letter and PDF, unless a

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signed hard copy is required, as specified in the provisions of the CollectiveAgreement.

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ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Union recognizes the rights, powers and responsibilities of the Employer to operateand manage, the University in accordance with the Trent University Act (1962-3). It isagreed that all inherent, statutory and common law management functions andprerogatives which are not expressly modified or restricted by a specific provision of thisAgreement are retained and vested exclusively in the Employer. The Unionacknowledges that it is the exclusive function of the Employer to:

(a) Maintain order, discipline, and efficiency;(b) Hire, appoint, re-appoint, not appoint, assign, promote, demote, classify, transfer,

lay-off, recall, and direct employees;(c) Demote, suspend, discharge or otherwise discipline employees for just cause;(d) Determine the nature and kind of business conducted by the University, the kinds

and locations of equipment used, materials used, the methods and techniques ofwork, the schedules and hours of work, the number of personnel to be employed,classifications and qualifications for positions, and the extension, limitation,curtailment or cessation of operations;

(e) Put into effect, enforce, and alter fair and reasonable policies, rules, and regulationsgoverning the conduct of the Employer and the Employees.

3.02 Management shall exercise its rights in a manner that is reasonable and consistent withthe terms of this Agreement.

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ARTICLE 4- RECOGNITION

4.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for allemployees registered as students at Trent University who are regularly employed for notmore than 24 hours per week as Teaching Assistants, Academic Assistants, Markers,Proctors, Lab Demonstrators or Lab Advisors in the Academic Programs atPeterborough and at the Oshawa locations, save and except any employees for whom atrade union held bargaining rights on March 17, 1998.

4.02 The Employer hereby agrees to negotiate with the Union, or any of its authorizedrepresentatives, concerning all matters arising from the administration of this agreement.

For purposes of clarity, Research Assistants are not included in the bargaining unit.

For purposes of clarity, students employed in the delivery of non-credit courses, with theexception of students employed as Lab Advisors in the Department of InformationTechnology, are not included in the bargaining unit.

4.03 Employees who are also appointed to the Board of Governors and who would otherwisebe included in the bargaining unit will remain included in the bargaining unit during theirterm of appointment to the Board of Governors.

4.04 No employee or group of employees shall undertake to represent the Union at meetingswith the Employer without the proper authorization of the Union. Neither shall theEmployer meet with any employee or group of employees undertaking to represent theUnion without the authorization of the Union. In representing an employee or group ofemployees, an elected or appointed representative of the Union shall speak for theUnion, as per article 6.02.

No employee shall be required or permitted to make a written or verbal agreement withthe Employer or its representatives that conflicts with the terms of this CollectiveAgreement.

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ARTICLE 5- DISCRIMINATION AND/OR HARASSMENT

5.01 The Employer and the Union agree that every employee has the right to freedom fromdiscrimination and harassment in any matter related to their terms and conditions ofemployment by reason of the grounds defined in the Ontario Human Rights Code:

(a) Age(b) Ancestry(c) Citizenship(d) Colour(e) Creed (religion or system of beliefs)(f) Disability (including mental, physical, developmental and learning disabilities)(g) Ethnic origin(h) Family status (such as being in a parent-child relationship)(i) Gender identity, gender expression(j) Marital status (including married, single, widowed, divorced, separated or living in a

conjugal relationship outside of marriage, whether in a same sex or opposite sexrelationship)

(k) Place of origin(I) Race(m) Receipt of public assistance (in housing only)(n) Record of offences (criminal conviction for a provincial offence, or an offence for which

a pardon has been received in employment only)(o) Sex (including pregnancy and breastfeeding)(p) Sexual orientation

Further, the Parties agree not to discriminate on the basis of the number of dependents,native language, Acquired Immune Deficiency Syndrome (AIDS), or AIDS related illness,political affiliation, identification as transgendered, nor by reason of membership or non-membership or activity or lack of activity in the Union.

5.02 Harassment

.01 Harassment: means a course of vexatious comment or conduct that is based on aprotected ground that is known, or ought reasonably to be known, as unwelcome.A single incident, if sufficiently serious may constitute harassment. Examplesinclude: singling out, humiliating, ridiculing or demeaning a person based on aprotected ground; display or circulation of materials based on a protected groundthat would reasonably be interpreted as humiliating or threatening.

.02 Sexual and Gender Harassment: is a form of harassment that can include:comments about an individual’s physical characteristics; demeaning remarks,threats or taunting based on gender; demands for dates or sexual favours. Sexualsolicitations or advances made by a person in a position to grant or deny a benefitor advancement, where the person making the solicitation or advance knows or

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ought reasonably to know that it is unwelcome, is prohibited. Further, a reprisal orthreat of reprisal, for rejection of sexual solicitation or advance, where the reprisalis made or threatened by a person in a position to grant or deny a benefit oradvancement, is prohibited. Relationships between faculty and students, orsupervisors and subordinates are susceptible to exploitation. This policy is notdesigned to inhibit normal social relationships. A person entering into or involvedin a sexual relationship with a consenting adult who will be or is the subject ofevaluation or supervision should decline or terminate the supervisory or evaluativerole, and inform the next level supervisor (e.g. Chair, Dean, Director, Vice-President) who will make appropriate alternative arrangements for supervisionand/or evaluation.

5.03 The Employer and the Union agree that any allegation of discrimination or harassmentunder Article 5 shall be handled through Step Ill of the grievance procedure.

In the event of a grievance resulting from an alleged violation of Article 5, the grievormay, where the person against whom the allegations is made is the grievor’s supervisor,refer the grievance to the next step of the grievance procedure.

If an employee has filed a grievance under Article 5 and wishes to exercise rights underthe University Discrimination and Harassment Policy or the Campus Violence andHarassment policy, the grievor shall file a formal request to hold the grievance inabeyance under Article 14.

5.04 Where personal safety is at risk or a strongly negative environment exists, the employeemay request of the Dean that their duties be modified, as the nature of the particularcircumstances dictate, in an attempt to eliminate contact between the employee and theaccused during the period of investigation. Such a request will not be unreasonablydenied.

5.05 The Union and the Employer acknowledge and support Trent University’s Policy onAcquired Immune Deficiency Syndrome, as revised August, 1989, and as amended fromtime to time by appropriate University bodies.

5.06 Nothing in Article 5 is intended to:

(a) limit the authority of those individuals charged with supervising others, counsellingothers, informally resolving complaints or conducting job performance appraisals; or

(b) restrict the role of the Union or its representatives in responding to the concerns ofmembers; or

(c) restrict the actions of the University in responding to allegations of discrimination orharassment.

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ARTICLE 6- UNION REPRESENTATION

6.01 The Union shall have the right at any time to have the assistance of a representative(s) ofthe Canadian Union of Public Employees when meeting or negotiating with the Employer.Such authorized representative(s) shall have access to the Employer’s premises in orderto deal with any matters arising out of this Collective Agreement.

6.02 As provided for in Article 4 of this Agreement, the Employer agrees that no employee orgroup of employees shall undertake to represent the Union to the Employer without properauthorization of the Union. In order that this may be carried out, the Union shall providethe Employer, in writing, with the names and position titles of its officers and the namesand jurisdiction of its stewards, including the person(s) designated Chief Steward, and thename(s) of its National Representative(s) within 14 working days of the Annual GeneralMeeting. The Union undertakes to provide updates to this list within 14 working days ofany changes. The Employer shall be obligated to recognize the status of these personslisted only from the date of such written notice. Likewise, the Employer shall supply theUnion with a list of its designated authorities with whom the Union is required to transactbusiness.

6.03 The Parties agree that stewards have regular duties to perform on behalf of the University.Every attempt shall be made to schedule such duties outside of scheduled work hours.Where this is not possible stewards will first obtain permission from their immediatesupervisor in the event that they need to take temporary leave of such duties for stewardbusiness. Such permission will not be unreasonably withheld. The Employer agrees notto financially penalize stewards who have obtained approval for temporary leave from theirUniversity duties to act as stewards.

6.04 Joint Committee to Administer the Agreement

Recognizing the mutual benefits which can be derived from joint consultation, the partieshereby approve the establishment of a Joint Committee to Administer the Agreement.The Committee shall be comprised of three (3) representatives from the Union and three(3) representatives of the Employer. A representative of each party shall be designatedas a joint Chair, and the two (2) persons so named shall preside over alternatemeetings. Meetings shall be convened at a mutually-agreeable time, no less than threetimes per year, at the request of either party.

6.05 Powers of the Joint Committee

.01 The Joint Committee shall deal with problems arising from the day-to-dayadministration of this Agreement, as well as any specific issues which may bereferred to it by the express provisions of this Agreement. Regarding the day-to-dayadministration of the Agreement, the Committee shall function in an advisory

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capacity only, and it does not have the power to alter or amend in any way theexpress terms of this Agreement.

.02 A quorum for Joint Committee shall be four (4) of its members, with a minimum oftwo (2) members representing each of the Union and the Employer.

.03 Joint Committee recommendations and decisions are not binding unless they areexpressed in writing and signed by the authorized representatives of each party onbehalf of the Union and the Employer.

6.06 The parties agree that where the Employer becomes aware of significant university widepolicy changes that are expected to have a substantial impact on the distribution of workand/or the number of positions available to Local 3908 (Unit 2) CUPE bargaining unit,the Employer will inform the CUPE executive via a joint committee meeting scheduled assoon as practicable. The Union will be provided with a reasonable time period withinwhich to respond in writing to the notification. Where such a decision is subsequentlytaken, the Union shall be informed.’

6.07 All correspondence between the parties shall be sent between the Department ofHuman Resources and the Union office. The Union will provide the mailing and emailaddress to the Employer and will inform the Employer of any changes.

6.08 The Union agrees that there will be no solicitation on behalf of the Union on Universitypremises by a member of the bargaining unit during that member’s regularly scheduledworking hours.

6.09 The Employer agrees to provide the Union the equivalent of 1.5 GTA base stipend, peryear, for the purpose of paying members for union service.

6.10 The Employer agrees to provide the Union with an opportunity to meet with newgraduate students by incorporating a presentation by the Union in the Fall OrientationWeek events for new graduate students.

6.11 The Employer agrees to allow the Union to design and conduct a one (1) hourinformation session, to be approved by the Dean of Graduate Studies, as part of theannual Teaching Assistant Training Certificate Program.

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ARTICLE 7- NEGOTIATING COMMITTEE

7.01 The Employer agrees to recognize and deal with a negotiating committee of not morethan three (3) members and one (1) alternate member in the bargaining unit, plus anauthorized representative of the Union. The Union will advise the Employer of the Unionmembers of the committee.

7.02 The negotiating committee will deal only with such matters as are properly the subjectmatter of negotiations for the renewal or modification of this Agreement.

7.03 The Employer agrees to allow the bargaining unit employees from the Union’snegotiating committee time off work without any financial penalty or loss of entitlementunder this agreement on those days the Union negotiating committee meets with theUniversity negotiating committee, up to but not including conciliation, where theemployee would otherwise have been required to work on that day.

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ARTICLE 8- DUES AND CHECK OFF

8.01 Union Membership

Membership in the Union shall be voluntary. However, as a condition of employment,each employee shall have deducted by the Employer from each payment of wagesand/or salary during the term of this Agreement an amount equal to the Union dues,levies and other assessments of the Union as uniformly levied on all members of theUnion.

8.02 Dues check-off

.01 The Employer shall regularly deduct from the salary and/or wages (inclusive ofvacation pay) of each member of the bargaining unit such dues or otherassessments as are uniformly and regularly payable by a member of the Union, ascertified in writing to the Employer by the Secretary or Treasurer of the Union. TheEmployer shall remit the amount deducted in accordance with this Article no laterthan the 1 5th day of the month following the month in which such deductions weremade, and at the same time shall forward a list of names of the persons from whomdeductions were made and the amount of each individuals’ earnings and deduction.

.02 The Employer shall indicate the monthly deduction of dues on each employee’s pay.

.03 The University will show the amount of Union dues paid by an employee on theemployee’s income tax T-4 statement.

8.03 Liability

The Union agrees to indemnify and save the Employer harmless against all claims orother forms of liability that may arise out of, or by reason of, deductions made orpayments made in accordance with this article.

8.04 Membership Information

The Employer shall provide the Union with the following information:

By electronic transfer, on November 1 5th, and February 1 5th each year for currentFall/Winter appointments, a dataset of contracts of bargaining unit members containingthe following information for each employee:

• Name;• Year of Enrolment;• Email Address (Trent Address);• Permanent Address;• Temporary Address;• Phone Number(s);

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• Gender;• Whether the Member is a Visa Student;

The Union agrees that such individual data will be held in confidence and will be used forofficial Union purposes only.

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ARTICLE 9- STRIKE OR LOCKOUT

9.01 The University agrees that there will be no lockout of employees and the Union agreesthat there will be no strike, during the term of this agreement. The words “strike” and“lockout” shall bear the meaning given them in the Ontario Labour Relations Act.

9.02 In the event that an(y) employee(s) of Trent University, other than those covered by thisAgreement, engages in a strike, employees covered by this Agreement shall not berequired to perform work normally done by that (those) employee(s). However,employees are expected to perform their own scheduled duties during such periods.

9.03 Employees shall not be required or coerced in any way to perform the work of any otherUniversity employees who have chosen not to cross a picket line.

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ARTICLE 10- INFORMATION AND FACILITIES

10.01 The Employer agrees to inform all applicants upon employment in the bargaining unitthat the Union represents the Bargaining Unit and that a Collective Agreement is ineffect The School of Graduate Studies’ student intranet portal shall at CUPE’s request,include a one page statement about the Union, prepared by the Union at its ownexpense.

10.02 Preferably within thirty (30) days but no later than sixty (60) days of the ratification of thisAgreement, the Employer shall prepare and provide each employee in the bargainingunit at that time with an electronic copy of the Agreement. The Employer shall providethe link to the agreement to all new GTA’s as part of the orientation package. In addition,the Employer shall provide the Union, at no cost, with eighty (80) hard copies of theAgreement for its own use. If the Union wishes additional copies of the Agreement,these may be purchased from the Employer at cost.

10.03 The Employer agrees to permit the Union the use of campus mail facilities for businesspertaining to the Union, including notification of Union meetings. Union representativesmay have reasonable access to departmental mailboxes, where available, of bargainingunit members for the purpose of distributing notices and other Union communications.All postage for off-campus mail must be supplied by the Union.

10.04 Upon request, and no later than October 1, and February 1 of each year the Employershall provide the Union, by electronic transfer, a list of email addresses for all currentbargaining unit members.

10.05 The Employer shall provide a centrally located bulletin board of at least one squaremetre in Traill College, and adjacent to the School of Graduate Studies in the ScienceComplex, to be marked “Canadian Union of Public Employees Local 3908, Unit 2.”Normally, bulletin boards shall be accessible to all members of the bargaining unit.Where such access cannot be reasonably provided, the matter will be referred to theLabour- Management Committee for resolution. The Union shall have the exclusive rightto put up and/or take down material from this space.

10.06 The Employer shall provide to the Union, without charge, the following:

(a) the use of a suitable office space. Should a move from the Union’s current officespace be deemed required, the Employer will make best efforts to ensure that anynew office space is equal to the current facilities, and of comparable size;

(b) a telephone line exclusive of long distance charges;

(c) a computer user account;

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(d) the use of suitable meeting rooms on campus, for the conduct of Union business,subject to availability and normal scheduling arrangements;

(e) access to photocopying facilities. The Union is responsible for photocopying charges,as well as any other charges for additional services and facilities, on the same basisand at the same rate as internal University departments.

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ARTICLE 11- OFFICE WORK SPACE AND FACILITIES

11.01 The Employer agrees to ensure that GTAs have suitable work space as is required forthe performance of their duties and responsibilities, at no cost to the employee.

11.02 Employees shall have access to the following as required in the performance of theirduties:

• Access to space appropriate for confidential discussions with students wherethe office space assigned is not appropriate;

• Course materials;• Instructional equipment;• Office supplies and access to available office equipment.

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ARTICLE 12- DISCIPLINE

12.01 The Employer and the Union recognize the principle of progressive discipline and agreeto adopt the following procedures. No employee shall be disciplined or dischargedwithout just cause.

12.02 The Employer shall, in the process of progressive discipline, follow the sequence ofreprimands as outlined

(i) Verbal Warning! Informal Meeting(ii) Written Warning(iii) Suspension from work(iv) Dismissal for just cause

This sequence will be followed in all cases of discipline except in cases of a majorinfraction on the part of the employee. Disciplinary action may call for any of theseresponses depending on the severity of the problem and the number of occurrences. Insuch cases, one or more of the steps may be bypassed or certain steps may berepeated.

The Employer and the Union recognize that there are certain types of employeemisconduct that are serious enough to justify either a suspension or, in extremesituations, termination of employment, without going through the usual progressivedisciplinary steps.

By using progressive discipline, most employee discipline problems can be corrected atan early stage, benefiting both the employee and the Employer.

12.03 Procedure

.01 Step I- Verbal Warning! Informal Meeting V

Except in cases of a major infraction, an employee shall receive a verbal warningprior to any other discipline. Concerns which may lead to further discipline shallbe discussed in a meeting between the Chair of the Department or designate andthe employee. The employee shall be advised in writing that the employee isentitled to be accompanied by a Union representative. A Steward or other Unionrepresentative shall be afforded if the employee so requests.

.02 Step II- Written Warning! Letter of Reprimand

Within five (5) days of finding that just cause exists, the Chair! Director shall senda written warning to the employee, copied to the Union and the appropriateDean.

The written warning shall state that discipline may be considered, in accordancewith the procedures outlined in this Article, following a repetition of the act,

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omission, or other shortcoming which is the subject matter of the concern!complaint.

Where the complaint concerns the standard of the employee’s work, theemployee will be provided with a date by which they must bring their work up to areasonable standard. Such date will give the employee reasonable opportunityto correct the problem(s) referred to in the written warning before disciplinaryaction is taken.

The written warning shall inform the employee of the right to Unionrepresentation and!or consultation upon request.

If by the date stipulated in the written warning the employee has failed to bringtheir work up to a reasonable standard, as per the terms described in the Letterof Warning, then the Chair! Director may proceed to Step III of the disciplinaryprocedure (12.03.03).

.03 Step III- Suspension from Work

If just cause is found to exist as per the procedures described at Step II(12.03.02), the Employer may issue a Notice of Suspension. The length of thesuspension shall be commensurate with the severity of the employee’s infraction.

The Chair! Director of the employing department shall send the Notice ofSuspension to the employee, copied to the Union, and the Office of theappropriate Dean, within ten (10) days of the date by which the employee was tobring their work up to a reasonable standard as indicated in the written warning(12.03.02).

The Notice of Suspension shall specify in detail the nature of the suspension, thereasons for its imposition, and the start and end date of the suspension prior toits taking effect.

.04 Step IV — Dismissal for Just Cause

In most cases where dismissal is contemplated, the Employer shall first suspendthe employee. Where just cause exists, and only after the completion of a periodof suspension indicated in the Notice of Suspension at Step III (12.03.03), theEmployer may choose to dismiss the employee.

A Notice of Dismissal specifying the reasons for dismissal shall be provided tothe employee and copied to the Union, and the Office of the appropriate Dean,prior to dismissal taking effect.

The Notice of Dismissal shall advise the employee of the right to requestreconsideration of the decision, and of the right to Union representation if andwhen a meeting to reconsider is held. If a grievance is brought forward thegrievance shall begin at Step Ill of the grievance procedure (14.04).

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.05 Loss of Student Status

In cases where an employee’s employment is terminated as a result of theirstudent status being revoked, the University will provide the member with anotice of dismissal specifying the reasons for dismissal and copied to the Union,and the Office of the appropriate Dean. The employee has the right to requestreconsideration of the decision, and the right to Union representation. If agrievance is brought forward the grievance shall begin at Step IV of thegrievance procedure (14.04).

12.04 The fact and substance of disciplinary investigations shall be treated confidentially by theEmployer and the Union.

12.05 An employee who wishes to grieve disciplinary action taken against him/her shall initiatethe grievance at Step 11(14.04).

12.06 It is agreed that disciplinary letters within an employee’s employment file shall beremoved after a twelve (12) month period of employment provided that no furtherdiscipline has been recorded within that twelve (12) month period of employment.

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ARTICLE 13- PROBATIONARY PERIOD

13.01 Employees shall be considered probationary for thirty (30) calendar days, commencingfrom the date on which classroom duties begin. The probationary employee may beterminated where, in the sole opinion of the Employer, the employee is determinedunsuitable or the employee’s performance is determined to be unsatisfactory. Suchemployee shall have no recourse to the grievance and arbitration provisions of thisAgreement, nor shall an arbitrator have jurisdiction to entertain a grievance concerningthe discharge of a probationary employee.

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ARTICLE 14- GRIEVANCE PROCEDURE14.01 Definition

.01 A grievance shall be defined as any difference or dispute arising out of theinterpretation, application, administration or alleged violation of the provisions ofthis Agreement.

.02 Every reasonable effort will be made to schedule the joint meetings requiredunder this Grievance Procedure at times which do not conflict with scheduledteaching assignments.

.03 For any particular grievance, the time limits provided in the Grievance Proceduremay be extended by mutual written consent of both parties.

.04 Termination of an individual’s employment and thereby their membership in thebargaining unit, shall not affect their right to grieve a matter which occurredduring the period they were a bargaining unit employee, but the time limitsdetailed in the grievance procedure shall still apply.

.05 The Union or the University may bring additional representatives to any meetingsoutlined in this Article provided reasonable notice of the identity of the person(s)is given to the other party.

14.02 Types of Grievance

(a) An individual grievance, defined as a grievance which involves a singleemployee, shall be initiated at Step I.

(b) A group grievance is one that involves two (2) or more employees. Such agrievance may be commenced as a group grievance, or similar individualgrievances seeking a common redress may be consolidated as a groupgrievance and may be initiated at Step I or Step II.

(c) A policy grievance, defined as a grievance involving a question of generalapplication, administration or interpretation of this Agreement, shall be initiated atStep Ill of the grievance procedure.

(d) A grievance involving health and safety shall be initiated at Step Ill of thegrievance procedure.

14.03 Carriage of Grievances

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(a) An individual employee has the right to be accompanied by a Unionrepresentative.

(b) An individual employee shall have the right to initiate an individual grievance,except that such a grievance shall not proceed beyond the informal stage (Step I)without the written consent of the Union.

(c) The Union alone shall have the right to consolidate individual grievances intogroup grievances.

(d) Policy grievances may only be initiated by either the Union or the Employer.

14.04 Grievance Procedure

Step I Informal Complaint Stage

It is the mutual desire of the parties that complaints of employees be addressed aspromptly as possible, and it is understood that an employee shall normally give theirimmediate Supervisor an opportunity to address their complaint.

Before a formal grievance is filed, reasonable efforts shall normally be made to discussand resolve the dispute and/or complaint. Individual employees who believe they mighthave a grievance shall normally discuss the matter with their immediate Supervisor,within thirty (30) working days of the incident or original circumstances giving rise to thecomplaint, or within thirty (30) working days after the employee ought reasonably to haveknown of the incident or original circumstances. The immediate Supervisor shall replywithin five (5) working days after the complaint was discussed.

It is understood and agreed that where the complaint relates directly to an action,alleged inaction, or alleged inappropriate conduct by the immediate Supervisor, thecomplainant may choose to bypass the Informal Complaint stage, and file a formalgrievance directly at Step II.

Step II Commencement of Formal Steps

If the complaint is not resolved at Step I, or if it is filed directly at Step II, it shall be setforth in writing and signed by the grievor and authorized Union officer (or designate). Itshall clearly set forth the nature of the grievance and a statement of the matters indispute, the provision(s) or interpretation(s) of the Agreement(s) that has (have)allegedly been violated and, if possible, the remedy sought. The grievance shall besubmitted to the Chair/Director of the grievor’s employing department, with a copyforwarded to the Department of Human Resources, within fifteen (15) working days ofthe expiry of the Step I time limits, or, if Step I was bypassed, within thirty (30) workingdays of the incident or original circumstances giving rise to the complaint, or within thirty(30) working days after the grievor ought reasonably to have known of the incident ororiginal circumstances. The Chair! Director, or authorized designate, shall convene ameeting to discuss and attempt to resolve the grievance within five (5) working days of

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receipt of the grievance, and shall give their decision, in writing, within five (5) workingdays of the meeting.

Step III Dean

If the grievance is not resolved at Step III, the authorized Union officer (or designate)may refer it to the appropriate Dean (or designate) within fifteen (15) working days of theexpiry of the Step Ill time limit. The appropriate Dean (or designate) shall convene ameeting to discuss the grievance within ten (10) working days of receipt and shall givetheir decision, in writing, within five (5) working days of the meeting.

In the case of a policy grievance, or a grievance relating to health and safety, or agrievance relating to suspension or dismissal, which is filed directly at Step Ill, thegrievance shall be filed within thirty (30) working days of the incident or originalcircumstances giving rise to the complaint, or within thirty (30) working days after theaggrieved party ought reasonably to have known of the incident or originalcircumstances.

The appropriate Dean (or designate) shall convene a meeting to discuss the grievancewithin ten (10) working days of receipt of the grievance and shall give their decision, inwriting, within five (5) working days of the meeting.

14.05 The time limits specified in this Article may be extended only with the written consent ofboth parties to the Agreement. Similarly, any step of the grievance procedure may bewaived by written consent of both parties.

14.06 All grievance settlements agreed to between the Employer and the Union or theirauthorized representatives, in accordance with the procedures outlined in this Article,shall be in writing and shall be final and binding upon the Employer, the Union and theemployees concerned.

14.07 Failing settlement under the procedure outlined in this Article of any grievance betweenthe parties, including any question as to whether a matter is arbitrable, such grievancemay be submitted to arbitration as set forth in Article 15 of this Agreement. Anygrievance not processed within the time limits specified in the grievance procedure shallbe deemed to have been settled and not be eligible for arbitration. The withdrawal of agrievance at any Step in the grievance procedure shall be without prejudice togrievances on similar matters. No grievance may be submitted to arbitration which hasnot properly followed all steps of the grievance procedure outlined in this Article.

14.08 Confidentiality

The parties recognize the principle of confidentiality and agree that the identity of thegrievor(s) and the fact and substance of the grievance(s) shall only be made availableon a strictly need to know basis. The parties further agree that publication of a summary

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of the grievance(s) in a union newsletter shall not violate the principle of confidentiality,unless otherwise specified in the grievance settlement.

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ARTICLE 15- ARBITRATION/ MEDIATION

15.01 Request for Arbitration

.01 If the Employer or the Union requests that a grievance be submitted toarbitration, it shall make such request in writing addressed to the other partywithin fifteen (15) working days of receipt of the decision at Step IV in thegrievance procedure.

.02 Where no written request for arbitration is received within the time limits set outherein, the grievance shall be deemed to have been settled and withdrawn,without prejudice to grievances on similar matters.

.03 The time limits set out in this article may be extended by mutual agreement of theparties in writing.

15.02 Appointment of Arbitrator

A written request that a grievance be submitted to arbitration shall include the namesof there (3) proposed Arbitrators. The other party shall respond within ten (10) workingdays, either confirming its agreement to one of the Arbitrators proposed, or suggestingthree (3) alternative Arbitrators. This process shall be repeated until a sole Arbitratoris agreed upon by the Parties.

If the parties are unable to agree on an Arbitrator within thirty (30) days, they may thenrequest the Ontario Minister of Labour to appoint an Arbitrator.

15.03 No matter may be submitted to Arbitration which has not properly followed all steps ofthe grievance procedure.

15.04 The Arbitrator shall hear and determine the difference between the parties and thedecision of the Arbitrator shall be final and binding upon the parties hereto and theemployees.

15.05 The Arbitrator shall have no jurisdiction or authority to amend, alter, modify or add toany of the provisions of this Agreement, or to substitute any new provisions in lieuthereof, nor to give any decision inconsistent with the express terms and conditions ofthis Agreement.

15.06 The parties will jointly bear the fees and expenses of the Arbitrator.

15.07 At any time subsequent to the request for Arbitration, the parties may, by mutualagreement, request the assistance of a mediator. Either party may request of theother, in writing, the services of a Mediator. The other party shall respond, in writing,within five (5) days of receipt of such a request, indicating whether or not they agree to

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accept the services of a mediator. The cost of grievance mediation services shall bejointly shared by the parties.

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ARTICLE 16- ACADEMIC FREEDOM

16.01 Academic freedom is based upon the principle that the common good of societydepends on the search for knowledge and its free exposition, and upon the recognitionthat universities, through their teaching, scholarship, and research, are essential to bothof these functions. Academic freedom does not require neutrality on the part of theindividual, but rather makes commitment possible.

The parties agree that they will not infringe or abridge the academic freedom of anymember of the academic community.

Members of the academic community are entitled, regardless of prescribed doctrine, tofreedom in carrying out research and in publishing the results thereof, freedom ofteaching and discussion, freedom to criticize the University and the Union, and freedomfrom institutional censorship.

Academic freedom carries with it the duty to use that freedom in a manner consistentwith the scholarly obligation to base research and teaching on an honest search forknowledge. The claim of academic freedom shall not excuse members from meetingtheir duties and responsibilities as set out in this Agreement.

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ARTICLE 17- POSITION DEFINITIONS

17.01 Graduate Teaching Assistant (GTA) a GTA shall be defined as an enrolled TrentUniversity Graduate Student who is awarded a full or half-time Teaching Assistantposition, funded by the Office of Graduate Studies, as outlined in a letter of admission. Itis recognized that a component of the GTA compensation relates to financial support inthe role of a graduate student. GTAs shall prepare and conduct laboratories, seminars,tutorials, or section(s) of course(s). A GTA will not be assigned principal responsibilityfor the preparation and presentation of courses.

Duties related to the position, which shall be in accordance with University anddepartmental practices, shall be determined by the person(s) who has (have) principalresponsibility for the course. Those assigned duties may include but are not limited tothe following:

• Employer-required training and orientation;• Assigning, marking, and evaluating written and oral student work;• Submission of grades as required;• Attendance at lectures;• Monitoring labs;• Preparing for and conducting discussion groups, seminars, tutorials, and/or

problem solving sessions;• Maintenance of reasonable hours for student contact.

A GTA may volunteer to lecture in a course, but lecturing is not required as part of their GTA duties.

17.02 Academic Assistant (AA) An AA shall be defined as an enrolled Trent Universitystudent who does not currently hold a GTA, and who is not responsible for the overallevaluation of students in a tutorial or workshop group, or the assigning and marking ofstudents’ overall written and oral work in a course. Duties related to the position, whichshall be in accordance with University and departmental practices, shall be determinedby the person(s) who has (have) principal responsibility for the course. Assigned dutiesmay include but are not limited to the following:

• Demonstrating problem-solving and analytical techniques and related marking(e.g. Mathematics, Chemistry),

• Facilitating small group discussions and development of problem solvingstrategies (e.g. Environmental Studies, Indigenous Studies),

• Assisting students in laboratory settings (e.g. Biology).

17.03 Computer Lab Advisor (CLA) A CLA shall be defined as an enrolled Trent Universitystudent who: extends services in the Department of Information Technology lab, activelyassisting users and monitoring lab activities. Duties related to the position, shall bedetermined by the person(s) who has (have) principal responsibility for the lab.

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17.04 Student Markers (SM) A SM shall be defined as an enrolled Trent University studentwhose assigned duties may include but are not limited to the following:

• Marking, grading, calculating and recording grades of students’ work;• Marking preparation based on course materials;• Marking and grading of lab reports! assignments, tests, exams and essays;• Commenting upon students’ work as required.

Duties related to the position, shall be determined by the person(s) who has (have) principalresponsibility for the course.

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ARTICLE 18- POSTINGS AND APPOINTMENTS

18.01 GTA Appointment

The Employer shall make the initial appointment of the Graduate Teaching Assistants(GTAs) based on the availability of funding and the suitability of graduate studentapplicants. The awarding of GTAs will be on the basis of the best-qualified candidate,as determined by the Graduate Program Directors and the Dean of Graduate Studies.The length of a GTA appointment shall be designated in the letter of offer provided bythe Office of Graduate Studies. Normally the duration of the GTA employment will beconsistent with the length of the Program in which the student is registered. A GTA mustbe registered as a Graduate Student as a condition of employment.

18.02 GTA Assignment

.01 Undergraduate department Chairs and Deans will be notified of the approximatenumber of students who will be assigned a GTA in their department by June 15.

.02 The list of courses where a GTA may be required will be posted on therespective department and Graduate Studies website by July 1. This list willinclude title, course number, duration, department and contact person. Theavailability of these assignments is subject to change, depending onundergraduate enrollment.

.03 Returning GTA’s will be asked to indicate their preferred course no later thanAugust 1st after which new students will be assigned to the remaining availablecourses and information about GTA assignments will be forwarded todepartments. All GTA’s are required to submit an up to date CV and cover letterthat will serve as a statement of interest for their course preferences. GTA’s willalso submit a declaration form stating they do not have a criminal record in whichthey have not received a pardon, and confirmation they are eligible to work inCanada.

.04 For new students, the department for the GTA will be indicated in the letter ofoffer of admission. Normally, students will be assigned to the home departmentof their assigned faculty supervisor. The Dean of Graduate Studies will consultwith the faculty supervisor about the most appropriate GTA assignment for anyexceptions to the above.

.05 Returning GTA’s will have the opportunity to indicate preference for a specificcourse. If a preference is not indicated, returning students will be assigned to thedepartment in which they previously taught.

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.06 Where two or more qualified applicants have expressed a preference for thesame work assignment, the applicant having greater prior experience of thesame assignment will be given priority. Where two or more qualified applicantswith equal experience of the same work assignment express a preference forthat work assignment, the Employer will appoint the most appropriate applicant.

In considering the statement of interest of new applicants the Employer shall takeinto consideration the expressed preferences of the applicants.

Failure to assign GTAs to their preferred work assignments shall not beconsidered grounds for a grievance. Employees who do not receive theirpreferred work assignment may request a meeting with the Chair. Such ameeting will not be unreasonably denied.

18.03 Acceptance of GTA Appointment

Graduate Teaching Assistantship Appointments shall be accepted or declined in writingno later than ten (10) days after receipt of a confirmation of appointment.

Declining the offer of a GTA position will not affect any future decisions related to offersof employment.

18.04 Academic Assistant (AA) Postings

Each academic department will post a notice outside the department office each term,and on their departmental website, copied to the Union, indicating the courses requiringan Academic Assistant, requesting that student workers interested in working as AAs willsubmit their names to the department office, along with a current resume. TheDepartment Chair and/or the course instructor shall select an AA from among thestudent workers who have placed their names on such a list. Selection of AAs shall bebased on the, experience and expertise and the ability of the student worker to performthe duties as determined by the Department Chair and/or the course instructor.

18.05 Student Marker (SM) Postings

Each academic department will post a notice outside the department office each term,and on their departmental website, copied to the Union, requesting that studentsinterested in working as markers submit their names to the department office, along witha current resume. The Chair and/or course instructor shall select a student marker fromamong the students who have placed their names on such a list. Selection of studentmarkers shall be based on the ability of the student to perform the duties as determinedby the Department Chair and/or the course instructor. Annually, on May 31, The Dean ofArts and Science will provide the union with a list of the names of markers hired in theprevious academic year, and the courses to which they were assigned.

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18.06 Computer Lab Advisor (CLA) Postings

The Associate Vice President of Information Technology or designate will post a noticeoutside the Information Technology office each term, requesting that students interestedin working as CLAs submit their names to the office, along with a current resume. TheAssociate Vice President of Information Technology or designate shall select a CLA fromamong the students who have placed their names on such a list. Selection of CLAsshall be based on the ability of the student to perform the duties as determined by theAssociate Vice President of Information Technology or designate.

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ARTICLE 19- HOURS OF WORK AND WORK ASSIGNMENTS

19.01 Hours of Work

Subject to the provisions of this Article, a full Graduate Teaching Assistant (GTA)position shall normally require an average of ten (10) hours per week, to a total of, andnot to exceed, 120 hours per term for two terms, for a total of 240 hours perappointment. A half GTA position shall normally require an average of five (5) hours perweek, to a total of, and not to exceed, 60 hours per term, for a total of 120 hours perappointment.

The number of hours assigned to an AA or student marker will vary from department todepartment and from course to course

Over the course of a GTA appointment, the Union and Employer agree that anymandatory or assigned training will constitute working hours.

19.02 Work Assignment

.01 The supervisor shall confirm with all recipients of GTA appointments theexpectations of the position, no later than two weeks from the start date of theposition. This shall include the following information:

(a) Title and course number;(b) Name of course instructor! supervisor;(c) Dates and duration of position;(d) Timetabled days and hours;(e) Location of position;(f) Expected Class size! Number of Students(g) Description of duties;

The parties recognize the benefit of GTA positions being allocated in a timelymanner, and agree that the information may be communicated via email from theChair! Director of the employing department, or designate, to the graduatestudent.

.02 Where an employee has reason to believe that the assigned duties cannot beperformed within the hours specified in Article 19.02, the employee shall notifytheir supervisor in writing, which may include email communication. A meeting toresolve the issue is encouraged. The GTA shall be permitted to be accompaniedby a Union representative at that meeting. The supervisor will reply within five (5)working days to the employee’s concern, If no agreement can be reachedinformally, the employee may file an individual grievance. Such a grievance shallbe initiated at Step II of the grievance procedure.

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.03 Course Supervisors will meet with GTAs prior to the end of the second week ofclasses to discuss GTA requirements. The Course Supervisor is expected toprovide a guideline of the approximate length of time expected to be devoted toeach major activity, e.g. classroom contact, marking, office hours.

.04 Establishment of the duties will take into account several factors, including, butnot limited to, seminar or lab size, number of marking assignments, midtermexaminations and final examinations, introduction of new texts and/or newsoftware, and preparation time.

.05 In the fall and winter term, Course Supervisors are expected to conduct aworkload review before the final date for Students to withdraw from courseswithout penalty. The review should involve communication between the CourseInstructor and the GTA to receive input on the number of hours the employee hasworked thus far and the approximate number of hours they believe will berequired to complete the term’s workload. The GTA may decide whether to meetwith the Course Supervisor in person or to communicate the necessaryinformation to them via email. In the event that the Course Supervisor, with inputfrom the GTA, concludes that the workload required will, by term’s end, exceedthe total workload hours of the appointment, then it will be necessary to reducethe workload.

.06 GTAs who believe they have been required to exceed and have exceeded thetotal hours maximum for the assignment may initiate a grievance at Step Ill.

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ARTICLE 20- HOLIDAYS20.01 Holidays

No employee shall be requited to work on any of the following holidays: New Year’s Day,Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day,Thanksgiving Day, Christmas Day, Boxing Day, or any holiday declared by the Presidentof the University.

The employer will ensure compliance with the Ontario Human Rights Code and upholdrights to religious leave as defined therein. An employee with a request for paid time forreligious leave will make that request in writing to the supervisor 30 days in advance ofthe leave date(s) including an explanation of the reason for the request and the specificmeasures of accommodation that are required. The supervisor will assess the requestin good faith and reply in writing by two weeks in advance of the leave date(s). Where,having explored and exhausted alternatives, accommodation is not possible because ofundue hardship, this will be explained by the supervisor to the person making therequest.

20.02 Vacation Pay

All members of the bargaining unit shall be entitled to an additional 4% of salary and/orwages paid as vacation pay. Vacation pay shall be calculated, identified separately, andincluded as part of an employee’s regular salary.

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ARTICLE 21- LEAVES21.01 Short Term Leaves

Employees who have an appointment or appointments totaling one hundred and twenty(120) hours or more in an academic session, with the approval of their Supervisor, mayarrange to exchange duties, with a qualified person familiar with the work for periods notto exceed one (1) week at a time and not exceeding two (2) weeks per year. Permissionfor such exchanges shall be requested as far in advance as possible and shall not beunreasonably withheld.

21.02 Short Term Medical Leave

Employees who have an appointment or appointments totaling one hundred and twenty(120) hours or more in an academic session and who due to short term illness, injury ormedical condition, may be unable to be present for regularly scheduled duties areeligible for paid medical leave. Employees must make all reasonable effort to advisetheir immediate supervisor of the absence, as far in advance as possible.

Where such illness exceeds one (1) calendar week, the employee shall consult with theirsupervisor, and the Chair! Director of the employing Department with regard to theanticipated duration of their illness and the employee’s ability to continue in theirposition.

If requested to do so, in an absence of more than one (1) week, employees must provideproof of sickness or injury in the form of an appropriate certificate, signed by a legallyqualified medical practitioner and acceptable to the Employer, with copies forwarded toHuman Resources.

21 .03 Professional Development Leave

Employees who have an appointment or appointments totaling one hundred and twenty(120) hours or more in an academic session and who are unable to be present forscheduled duties, shall be granted one (1) day of leave per year, without loss of pay toundertake approved Professional Development Leave. Employees must make allreasonable effort to advise their supervisor of the absence, two (2) weeks in advance toreschedule assigned duties. Requests for Professional Development Leave areunderstood to only be approved upon written application and approval from the Chair!Director. Professional Development Leave activities can be defined as, but are notlimited to, delivering a paper, presenting research findings, chairing a session, servingas a discussant at an academic conference or workshop, or unanticipated off-campusresearch obligations.

21.04 Union leave

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Employees who have an appointment or appointments totaling one hundred and twenty(120) hours or more in an academic session and who are current members of theCUPE39O8 Executive shall be granted one (1) day of leave per year, without loss of pay,if unable to be present for scheduled duties, to attend a Union convention, unionconference or union workshop. Employees must make all reasonable efforts to advisetheir supervisor of the absence two (2) weeks in advance.

21.05 Unpaid Leave of Absence

Employees who have an appointment or appointments totalling one hundred and twenty(120) hours or more in an academic session, may request an unpaid leave of absencefor a period of no less than one term and up to a maximum of three (3) academic termswithout penalty to their entitlement under 18.01. Requests for such unpaid leave ofabsence must be submitted in writing to the Dean of Graduate Studies no later thanthirty (30) days prior to the start of the term. Such leaves are subject to the approval ofthe Dean of Graduate Studies.

21.06 Grievance Leave

Where attendance at a grievance meeting or an arbitration hearing unavoidably conflictswith the employee’s duties, those Union stewards, officers, grievors, and witnesseswhose presence is required shall be entitled to attend without loss of pay. The affectedemployee(s) shall provide their Supervisor with reasonable notice and the employeeshould make every effort to arrange for an exchange of duties, with a qualified personfamiliar with the work, if the employee is unable to find a replacement for their dutiesthey will notify their supervisor.

21.07 Bereavement Leave

Employees who have an appointment or appointments totalling one hundred and twenty(120) hours or more in an academic session will be granted up to five (5) consecutivedays of bereavement leave without loss of pay, where the employee is scheduled towork within this period, in the event of the death of a close family member, including butnot limited to a spouse, child, parent, brother, sister, grandparent, father-in-law, mother-in-law or member of the immediate household. In the event of such an absence, theemployee will advise his or her supervisor as soon as reasonably possible.

21.08 Family Medical Leave

An employee is entitled to five (5) consecutive working days of paid compassionateleave and up to seven additional weeks unpaid, to attend to seriously ill members of theirfamily. Such medical leaves require supporting medical documentation confirming that afamily member has a serious medical condition with a significant risk of death within thenext twenty-six (26) weeks. Family members are defined for the purpose of this leave as

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a spouse, sibling, parent, grandparent, in-law, or child. In the event of such an absence,the employee will advise his or her supervisor as soon as reasonably possible.

21.09 Pregnancy Leave

Employees employed for thirteen (13) consecutive weeks prior to their due date shall begranted 17 weeks of unpaid pregnancy leave in accordance with the EmploymentStandards provisions. Pregnancy leave may begin up to 17 weeks before the due date.The latest that a pregnancy leave may begin is on the due date (or on the actual birthdate if later than the due date).

The employee shall give supervisors and the Department of Human Resources,whenever possible, a minimum of two (2) weeks notice of the date she intends to beginher leave.

In exceptional circumstances, the employee may request an extended pregnancy leavewithout pay and approval shall not be unreasonably withheld. Where extended leave isrequested, the employee shall give one (1) month notice in writing to her employmentsupervisor.

Following pregnancy leave, an employee shall be reinstated to her former position orshall be provided with alternate work of a comparable nature and at a not lessfavourable classification and/or wage rate for the remainder of the appointment. Forclarity, the total length of the funding period will not be reduced by a leave.

21.10 Parental Leave

All employees are entitled to unpaid parental leave as outlined in the EmploymentStandards Act. The employee shall give supervisors a minimum of two (2) weeks noticein writing prior to the date the employee intends to begin their unpaid parental leave.

21.11 Civic Leave

Employees who have an appointment or appointments totaling one hundred and twenty(120) hours or more in an academic session and upon written request to theChair/Director of the department in which they are employed, supported by a copy of thesummons, shall be granted Civic Leave. The Employer will continue to pay full salary foremployees who have been called for jury or crown witness duty for up to one (1) month,and will not deduct any payments which may be received by the employee for carryingout such duties, provided that such appearances and/or services conflict with theemployee’s regularly scheduled duties, and that upon return to work the employeeprovides their supervisor with written confirmation of the date(s) and time(s) on whichthey appeared and/or served, signed by an appropriate official of the court.

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ARTICLE 22- HEALTH AND SAFETY

22.01(a) The parties recognize the joint and shared responsibility of the Employer and the

employees for the maintenance of a safe and healthy work environment. TheEmployer specifically acknowledges its obligations under the OccupationalHealth and Safety Act and related legislation, and in particular its responsibility toprovide a workplace where the health and safety of employees is protected asthey carry out their duties.

(b) The employer further acknowledges its obligations with respect to the educationand training of employees in accordance with the Occupational Health andSafety Act and the Workplace Hazardous Materials Information System(WHMIS).

(c) Both the Union and the Employer acknowledge that no employee shall berequired to do work where they have reason to believe that there is a danger tothemselves or any other worker per section 43 of the Ontario OccupationalHealth and Safety Act.

(d) The Employer agrees to provide protective equipment wherever it is required forthe safe and effective performance of duties, and to ensure that safetyequipment, materials and protective devices are maintained in good condition.

(e) For its part, the Union agrees to support any education programs of informationby relevant legislation initiated by the Employer and/or required by relevantlegislation that will promote health and safety awareness and training among themembers of the bargaining unit.

(f) The Union and the Employer recognize that time spent participating in training asper 22.01(e) shall be considered working time and be compensated at theEmployee’s regular rate.

(g) The employer agrees that the Union shall have the right to appoint arepresentative to the University’s Health and Safety Committee. Theinvolvement and participation of such representative shall be in accordance withthe terms of reference of the Health and Safety Committee. Employeerepresentatives shall be compensated at their regular hourly rate as certified bythe University’s Environmental Health and Safety Officer.

22.02 Violence in the Workplace

.01 The University will not tolerate violent behavior in the workplace. Workplaceviolence is defined as any incident in which an employee is threatened, coerced,abused or sustains physical, emotional, or psychological harm or injury in, at, orrelated to the workplace. It is expected that employees will report incidents of

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workplace violence to their immediate supervisor and/or Campus Security asspecific circumstance dictates and, as necessary, file an incident report detailingthe incident including any directly related damage to property.

.02 Reported incidents will be investigated, and as appropriate, a summary report ofsuch investigation will be provided to Supervisor(s).

.03 The parties agree that information and training with respect to workplace violenceis essential to promoting a safe and security conscious work environment and willwork jointly to continue to enhance efforts in this regard.

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ARTICLE 23- WAGES

23.01 Wages paid to employees will be set out in Appendix A attached hereto and forming partof this Collective Agreement.

23.02 The Employer shall pay all monthly employees by direct deposit on the 28th of eachmonth. In the case that the 28th of any month falls on a day that the University is notopen for regular business, employees shall be paid on the final business day precedingthe 28k” of the month. Bi-weekly employees shall be paid by direct deposit, every secondFriday. The Employer will advise the union of any proposed change(s) to the date(s)that wages are paid through Joint Committee.

For monthly employees, the completed and approved graduate student stipend form,and accompanying documentation, must be received in Payroll by the 0th of the monthto ensure payment in that month. Forms received after the I 0th of the month will beprocessed as soon as possible, recognizing that the payment may only be processed inthe following monthly pay period.

23.03 Where the Employer determines to introduce a new job classification into the bargainingunit, the Employer will first discuss the position and its necessity with the Union. Oncethe new position is agreed upon by both parties, the Employer will then discuss the wagerate for a new classification with the Union. If the Employer and the Union are unable toagree on the wage rate for a new classification, the Employer may unilaterally implementa wage rate and the Union may file a grievance concerning the wage rate pursuant tothe grievance provisions of the Agreement. In any arbitration concerning a wage rate fora new job classification, the arbitrator’s decision shall be based solely on the existingwage rates in the Agreement and the duties and responsibilities performed byemployees in the bargaining unit.

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ARTICLE 24- DURATION OF THE AGREEMENT

24.01 This Agreement shall be effective from the date of ratification by both parties, and shallcontinue in effect up to and including the 31st day of August, 2021. The Agreement shallcontinue automatically thereafter, year to year unless either party notifies the other inwriting within a period of three (3) months immediately prior to the expiration date that itdesires to amend the Agreement.

24.02 If notice of amendment or termination is given, the provisions of this Agreement shallcontinue in force until a new Agreement is signed or the right to strike or lockoutaccrues.

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ARTICLE 25- FILES AND FILE RETENTION

25.01 There shall be one file only, maintained by the Office of Graduate Studies (for GraduateStudents), or Office of the appropriate Dean (for all undergraduate students) which shallcontain all official documents relating to the employment of the employee, includingdisciplinary materials.

25.02 Access to these files shall be limited to authorized University officials in connection withacademic or employment related matters. Any request from other parties, includingexternal agencies for information, will not be divulged without the written authorization ofthe member.

25.03 Disciplinary warnings and actions taken by the Employer, including Letters of Warning,Letters of Reprimand, Notices of Suspension from Work, or Notice of Dismissal for JustCause, may, according to the provisions of Article 12, be included in the employee’s fileand shall not be maintained in any other location. The Employer can only make use ofthe documents that are contained within the file for disciplinary procedures, as per Article12.

As per Article 12.03, all files and documentation relating to disciplinary actions taken bythe Employer that are resolved at Step 1(12.03.01) or Step 11(12.03.02) of thedisciplinary process shall be destroyed, and such allegations shall not be relied upon inany further action.

All information relating to disciplinary matters shall be removed from the employee’s fileand destroyed after a period of twelve (12) months from the date of the disciplinaryaction, and shall not be used in any further actions concerning the employee and areinadmissible in any grievance! arbitration process which might take place after that time,provided no other warnings or disciplinary actions have been imposed on the employeeduring the intervening period.

25.04 Current employees shall have the following rights with respect to the maintenance of theemployment related materials in their files:

(a) While the file shall be available for use for making decisions relating to theemployee’s employment, no document contained therein related to employment,shall be released physically or orally outside the Graduate Studies Office without theemployee’s prior written consent, except for purposes described in Article 25.03.

(b) The right to examine their file, during normal business hours, upon a minimum of two(2) days’ written notice to the Dean.

(c) The right to place written comments in their file, in response to employment relatedmatters, contained within it. Such responses shall be appended to the relevantdocument and may not be separated from it.

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(d) The right to duplicate any employment related materials contained within their file.

(e) The right to have their file corrected or supplemented if it contains errors orinadequacies.

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Sept 1,2017

GTA (full):

UndergraduateStudents:Academic Assistants!Computer LabAdvisors!Student MarkersGraduate Students:Academic AssistantsStudent Marker

Sept 1,2020

APPENDIX A- WAGE RATES(September 1, 2017 to August 31, 2021)

$10,652.24- $5,326.12

$16.37

Septl,2018$1p2.q3_$5,406.01

Septi,2019

$16.62

$10,974.21$5,487.10$16.87

$11,177.23$5,588.61$17.18

$2Ô.15$19.69

$20.45$19.99

$20.76$20.29

$21 .14J0.66 —.

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APPENDIX B- COUNSELLING SERVICE

Members of the bargaining unit are entitled to use the services of the Careers andCounselling Centers. In the event counseling services are no longer offered by theUniversity, the Employer agrees to seek other agencies to supply similar services.

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APPENDIX C- INTELLECTUAL PROPERTY MANAGEMENT POLICY

LETTER OF UNDERSTANDING

It is agreed that CUPE, Local 3908 (Unit 2) representative will participate in jointdiscussions with the Office of the Associate Vice- President (Research).to develop anIntellectual Property Management (1PM) policy.

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APPENDIX 0- PROFESSIONAL DEVELOPMENT AND EMPLOYEE ASSISTANCEFUND

1. Eligibility

Employees who have an appointment or appointments totaling one hundred andtwenty (120) hours or more in an academic session are eligible to apply forassistance from this fund.

2. Funding:

The Employer agrees to provide the following amounts into a ProfessionalDevelopment and Employee Assistance Fund, to be administered by a subcommittee of.the Joint Committee;

September 1, 2017: $25,000.00September 1, 2018: $25,000.00September 1, 2019: $25,000.00September 1, 2020: $27,500.00

Any unused portion from a particular contract year shall be carried forward to thenext year. The subcommittee referred to in clause four (4) below shall makerecommendations to Joint Committee in regard to the criteria to be used to disbursethis unused portion, if any such exists. With the agreement of both parties, theunused portion may be disbursed in accordance with these recommendations.

3. Eligible Claims:

(a) Professional Development: the Parties acknowledge that CUPE 3908 Unit 2members are not required to engage in research and scholarship, as part of theiremployment responsibilities under this Collective Agreement. Eligible employeesmay submit professional and academic development proposals for assistancefrom the fund to a maximum per employee of not more than $300.00 per year;

(b) UHIP reimbursement: Eligible employees who demonstrate the need for financialassistance may apply for assistance with UHIP premium costs, up to a maximumper employee of $200.00 per year.

4. Reimbursement Process:

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(a) Proposals shall be reviewed by the subcommittee composed of two bargainingunit members and two employer members, to be named by the Joint Committee;

(b) The procedures for applying, and the criteria governing the assessment ofproposals shall be established and approved at Joint Committee;

(c) Any problems which are encountered in the administration of the fund may bereferred to the Joint Committee for guidance/discussion/resolution.

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APPENDIX E- Ph.D. STUDENT INSTRUCTORSHIP

The Parties recognize the problem in finding suitably qualified instructors for somecourses as well as the benefit of CUPE 3908 Unit 2 Trent Ph.D. students to acquireteaching experience. Therefore it is agreed that positions posted under the CUPE 3908Unit 1 agreement that are not filled due to the lack of qualified applicants may beassigned to qualified Ph.D. students as a “Ph.D. Student Instructor”.

A Ph.D. Student Instructor shall be defined as an individual who is assigned principalresponsibility for the preparation and presentation of a course, subject to reasonablelimitations associated with the approved course syllabus. Duties related to the position,which shall be in accordance with University and departmental practices, includelecturing, the conduct of seminars! tutorials, marking, the development andadministration of tests and examinations, submission of grades, as required, and themaintenance of reasonable hours for student contact outside of scheduled hours.

Any such Ph.D. students assigned to such positions shall remain members of CUPE3908 Unit 2 and otherwise subject to the terms and conditions of that CollectiveAgreement, with the exception of Article 16 “Academic Freedom” in this case Article1.07 “Academic and Personal Freedom” of the CUPE 3908 Unit I Agreement will apply.The rate of pay for a “Ph.D. Student Instructor” shall be the same rate as a CUPE 3908Unit 1 Course Instructor.

These individuals shall have the option to decline such an appointment, and beassigned a normal GTA position. Ph.D. Instructors must complete and sign an approvalform to undertake the assignment.

Ph.D instructorships are subject to the university approval process.

Student Instructors shall not be expected to exceed the average often (10) hours ofwork per week. Courses with enrolments in excess of fifty (50) students shall be eligiblefor teaching and!or marking assistance as outlined in the CUPE Unit 1 Agreement.

The Employer will notify, in writing, both CUPE 3908 Unit 1 and CUPE 3908 Unit 2, ofsuch appointments.

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APPENDIX F- EMPLOYMENT EQUITY INFORMATION

LETTER OF UNDERSTANDING

The Employer and the Union agree that the Dean of Graduate Studies will meet with arepresentative of the union to discuss self-declared data collected by the Employer aspart of the registration process.

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APPENDIX G- HEALTH BENEFIT REIMBURSEMENT

The University shall reimburse all GTA’s employed for two hundred and forty hours ormore, who do not opt out of the Graduate Student Association Health Benefit Fund, thefollowing amounts:

Employed as of October 31, 2017: $50.00Employed as of October 31, 2018: $50.00Employed as of October 31, 2019: $65.00Employed as of October 31, 2020: $70.00

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APPENDIX H- TIME ALLOCATION GUIDELINE

LETTER OF UNDERSTANDING

The University, in consultation with the Graduate Studies Committee and CUPE 3908,will develop a procedure to document Graduate Teaching Assistant hours of work, inadherence with Article 19 of this Collective Agreement. The procedure will include atemplate Time Allocation Guideline. The procedure will also include the requirementthat programs submit completed Time Allocation Guidelines to the Office of GraduateStudies to ensure hours are managed efficiently and are within provincial guidelines forGraduate Student hours of work.

Signed at Peterborough on this 27th day of February 2015

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APPENDIX I

Letter of Understanding

The parties agree to meet within six (6) months of the ratification of this Agreement in order todraft a mutually agreeable letter to be sent to Department Heads and Supervisors to ensurethey are aware of the job descriptions as per Article 17- Position Definitions, and theirresponsibilities under Article 19- Hours of Work and Work Assignments and Article 21- Leaves.

The parties agree to meet upon request to review any issues that may arise in relation to thisLOU.

Signed by the Parties on this 18th day of September, 2017

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APPENDIX J- PAY STUBS

Letter of Understanding

Human Resources will commit to exploring the feasibility of providing employment pay stubswith an itemized breakdown of income and deductions at such time that a new HumanResource Information System (HRIS) is implemented. The result of such exploration will bebrought to Joint Committee to no later than six (6) months after the implementation of a newHRIS.

Signed on this 18th day of September, 2017.

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APPENDIX K- PROFESSIONAL DEVELOPMENT AND EMPLOYEEASSISTANCE FUND

Letter of Understanding

The parties agree to meet within 60 days of the signing of this Collective Agreement to discussthe processing and administration of the Professional Development and Employee AssistanceFund.

Signed on this 25 day of September, 2017.

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THIS COLLECTIVE AGREEMENT

THIS

___

For Trent Universt:

Leo GroarkePresident and Vice-Chapcellor

Craig .BrunettiDean of Graduate Studies

Stephanie WilliamsA VP, Human Resources

Dana LargeManager Human Resources:and Labour Relations

Rosanna GrimsManager Dean of Arts and Science

Nicole McKeenLabour Relationsand Job Evaluation Advisor

//

For CUPE, Local 3908 (Unit 2):

Diane Th,rrienCURE 9908

/FhilAbbott/CUPE 3908.2

/

/

____________

Sean AntayaCURE 3908.2

Karen EverettCURE 3908.2

SIGNED AT PETERBOROUGH, ONTARIO/DAYOF OCTOBER, 2017

Yvapne LaRoseOffice ManagerCURE. 908

MatthewNationalCURE

CmninRe3çsentative

60

THIS COLLECTIVE AGREEMENT

SIGNED AT PETERBOROUGH, ONTARIO

THIS L3DAYOF OCTOBER, 2017

For Trent University:

‘

Leo GroarkePresident and Vice-Chancellor

f4 44vL2%/Craig runetti

ean f raduate Studies

ep anie WilliamsA P, Human Resources

Dana LargeManager Human Resourcesand Labour Relations

NiboléMcKeenLabour Relationsand Job Evaluation Advisor

Diane TherrienCUPE 3908

Phil AbbottCUPE 3908.2

For CUPE, Local 3908 (Unit 2):

Sean AntayaçcPE390a2

Ka en EverettCUPE 3908.2

Y__) 11icØ/1L&t2JI “

osanna GrimsManager Dean of Arts and Science

i7Jt .

CUPE 3908

atth w Cronin• al Representative

CUPE

60

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